Alabama Workers' Comp Blawg

  • 12
  • Dec
  • 2022

Alabama Starts the Two-Year Statute of Limitations at the Time a Latent Injury Should Have Reasonably been Discovered

In Alabama, all disputed workers’ compensation claims are handled through the regular court system. Alabama is the only remaining state to handle disputed claims in this manner. …

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  • 09
  • Dec
  • 2019

In Alabama, For Statute of Limitations Purposes Simply Filing a Complaint Does Not Commence an Action

  On December 6, 2019, the Alabama Court of Civil Appeals released its opinion in James Brooks v. Austal USA, LLC. The undisputed facts were that while the Complaint was filed…

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  • 25
  • Apr
  • 2012

The Court of Civil Appeals Addresses Statute of Limitations, Notice and Standard of Proof Dealing With a Foot Injury, Successive Back Injury and Traumatic Back Injury

On April 20, 2012, the Alabama Court of Civil Appeals released its decision in the case of Mobile Airport Authority v. Robert Etheredge affirming the trial court’s permanent and t…

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  • 13
  • Feb
  • 2012

Alabama Insurance Guaranty Association and Six Year Statute of Limitations

On February 10, 2012, the Alabama Supreme Court released it opinion in Ex parte Water Works and Sanitary Sewer Board of the City of Montgomery wherein it ruled that the Alabama In…

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  • 24
  • Aug
  • 2011

Theory of Continuing Accrual Not Recognized By Court in Conditional Payment Reimbursement Claims

 Here is an update to the matter of United States v. Stricker which we first covered on the blawg ten months ago: In this case, the Government alleged that 907 recipients of the …

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  • 05
  • Oct
  • 2010

Government Loses in MSPA Claim - US v. Stricker

 United States v. Stricker In this case, the Government alleged that 907 recipients of the Abernathy settlement (a “global settlement” of $300 million) received Medicare payments…

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  • 12
  • Jan
  • 2010

PAYING FULL WAGES MAY TOLL STATUTE OF LIMITATIONS

Marvin Jackson v. Delphi Automotive Systems: On January 8, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered the Statute of Limitations defense.…

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  • 02
  • Nov
  • 2008

SECOND INJURY CONSIDERED CONTINUATION OF OLD INJURY

Hokes Bluff Welding and Fabrication v. Cox --- So.2d ----, 2008 WL 4757149 (Ala.Civ.App. 2008): On October 31, 2008, the Alabama Court of Civil Appeals released this opinion in wh…

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